National Prosecuting Authority Bill - HB 2013-08

NATIONAL PROSECUTING AUTHORITY BILL, 2013

EXPLANATORY MEMORANDUM

                                                                                   

The purpose of this Bill is to make provision for the establishment of the National Prosecuting Authority Board (“the Board”), and to set out the powers of the Board as required by section 259 (10) of the Constitution.  In more detail the Parts of the Bill provide as follows—

Part I

Clause 1 sets out the Bill’s short title and date of commencement.  Clause 2 contains definitions of terms used throughout the Bill.

Part II

This Part contains provisions relating to the National Prosecuting Authority (“the Authority”) established by the Constitution, and the National Prosecuting Authority Board (“the Board”).  Clause 3 provides for the corporate status of the Authority.  The constitution of the membership of the Authority is set out in Clause 4, while the establishment and composition of the Board is provided for in Clause 5.  The Bill provides for the functions of the Board in Clause 6 and the parameters within which the Board may delegate its powers is provided in Clause 7. Clauses 8, 9, and 10 provide for the appointment of the National Director  of Public Prosecutions and the members of the Authority, and the establishment of a principal office and offices at provincial, district and other administrative levels.  The Board in Clause 11 is required to submit annual reports to Parliament through he Minister responsible for its administration.

Part III

This Part provides for the powers, duties and functions of members of the Authority, including the power of the Prosecutor-General to institute and conduct criminal proceedings. The Prosecutor-General must publish the general principles by which he or she decides whether and how to institute and conduct criminal proceedings pursuant to section 260(2) of the Constitution.

Part IV

Clause 14 empowers the Minister to give policy directions on matters of policy to the Board.  Clause 15 provides for the establishment of a Department of Administration under the Authority.  Clause 16 provides (in addition to the department under clause 15) for the establishment of other departments and sub-departments of the Authority.  Clause 17 empowers members of the Board to engage persons under contract as members of the Authority.  Clause 18 provides that members of the Authority engaged otherwise than on contract must undergo a probationary period of not less than six months and not more than twelve months.  Clause 19 provides for the Board to fix the conditions of service of members of the Authority.  Clause 20 provides for the Board to engage in regular consultations on conditions of service with associations or organisations representing members of the Authority and recognised by the Minister responsible for labour.

Part V

This Part provides an outline for the procedure to be followed in connection with the discipline of members of the Authority.

Part VI

Clause 24 provides for the funds of the Authority.  The accounts of the Authority, the external audit of those accounts and the appointment of an internal auditor are provided for in Clauses 25 and 26.

Part VII

Clause 28 applies to the State Liabilities Act [Chapter 8:14] to legal proceedings against the Authority.  Clause 29 deals with the transfer of pensions benefits of members of the Authority.  Clause 31 empowers the Board, after consultation with the Minister, to make regulations providing for the conditions of service of members of the Authority.  Clause 32 contains transitional provisions.

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